Griswold v. Heinroth
Appellate Court of Illinois
Bill of review. Appeal from the Circuit Court of Lake county; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the October term, 1908. Statement fey the Court.
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Bill of review. Appeal from the Circuit Court of Lake county; the Hon. Charles H. Donnelly, Judge, presiding. Heard in this court at the October term, 1908. Statement fey the Court. This is a bill of review brought on April 4,1908, by Eosalie B. Griswold, personally, and as executrix under the will of Sylvia E. Burnham, deceased, Henrietta Yanderpoel, George E. Dawson, as trustee, James H. Van Ylissingen and the Winthrop Harbor & Dock Company against William C. Heinroth and numerous other defendants, seeking to review a decree entered April 6, 1903, on a bill to foreclose a mortgage and trust…
1Opinion of the CourtJustice Thompson
Appellant assigns for error that the court erred in considering the affidavits filed by the appellees, on the hearing of the motion made by appellees to strike the bill of review from the files, and in refusing to strike the affidavits filed by appellees from the files.
If the bill of review is a bill to review the decree in the foreclosure suit for error in law apparent upon the face of the decree, then we are of the opinion it was not proper for the defendants to the bill, appellees in this court, to file affidavits for the reason such a bill may be filed without leave of the court and…
2Cases cited3 opinions
- Schaefer v. WunderleIllinois Supreme Court · 1895
- Mason v. PattersonIllinois Supreme Court · 1874
- Board of Supervisors v. SmithIllinois Supreme Court · 1880